Income Disparity and Child Support in Illinois
In Illinois, significant income disparity between parents is addressed through the Income Shares Model. Under the statute 750 ILCS 5/505, the court combines both parents’ net incomes to establish a total child support obligation.
This amount is then prorated, meaning each parent is responsible for a percentage of the total based on their individual contribution to the combined income. The model’s purpose is to ensure the child receives the same proportion of parental income as if the parents were still living together.
Difficulties arise when the parents’ combined net income exceeds the state’s schedule, or when the standard of living is vastly different between the two households. While the formula provides a baseline, the law permits deviations when a strict application would be inequitable. This flexibility allows for a fair outcome that could protect your financial future while prioritizing your child’s needs.
If you have questions about how a significant gap in earnings affects your support obligations, call Manassa Law to discuss your specific situation.
Key Takeaways for Income Disparity and Child Support in Illinois
- Illinois uses an Income Shares Model to determine child support. This model combines both parents’ incomes to ensure the child receives a proportional share, which is then divided based on each parent’s contribution.
- Courts may deviate from the standard formula. In cases of extreme income disparity or for high-net-worth families, a judge can adjust the support amount to ensure it is equitable and meets the child’s actual needs without creating a windfall.
- Shared parenting triggers a different calculation. If each parent has the child for at least 146 nights per year, the support obligation is increased by 1.5 times and then allocated based on both income and the percentage of parenting time.
The Basics of the Illinois Income Shares Model
Before 2017, Illinois used an older system where child support was a flat percentage of the paying parent’s income. This system often led to unfair situations; a lower-earning parent might struggle to make payments, or a high-earning recipient could receive an amount far exceeding the child’s actual needs. The result was frequently contentious litigation, as the parent with primary custody controlled a significant financial flow, regardless of the other parent’s economic reality.
The state legislature addressed this by passing Public Act 99-0764, which implemented the current Income Shares Model. This law acknowledges the modern reality that both parents are financially responsible for their children. The court now calculates a Basic Child Support Obligation using the combined net income of both parents. This calculation relies on strict conversion tables provided by the Illinois Department of Healthcare and Family Services (HFS) to determine each parent’s Net Income, a figure that includes most sources of income but excludes public assistance benefits.
Calculating Support When Incomes Are Unequal
The Prorated Share in Action
Consider a scenario where the court determines the Basic Child Support Obligation is $3,000 per month based on the parents’ combined income.
- If the higher-earning parent contributes 80% of the combined income, their responsibility is $2,400.
- The lower-earning parent, who contributes 20%, is responsible for $600.
In practice, the parent who has the majority of parenting time is presumed to be spending their share directly on the child’s daily needs. The other parent then pays their share to the residential parent.
Add-Ons and Extra Expenses
This same 80/20 split is typically applied to other major costs, such as childcare, health insurance premiums, and agreed-upon extracurricular activities. This system protects the lower-earning parent from being unable to afford the child’s established activities and medical care, ensuring the child’s life remains consistent.
What if a Parent Tries to Manipulate Their Income?
Sometimes, a parent might voluntarily reduce their income to alter support payments, such as a high earner quitting a lucrative job or a lower earner refusing to seek employment. In these cases, the court may intervene.
A judge has the authority to impute income, which means calculating support based on a parent’s earning capacity and recent work history rather than their current, artificially low income. This judicial power ensures fairness when one party is not being forthright about their financial situation.
High-Income Earners: When Combined Income Goes Beyond the Cap
Illinois’ child support guidelines tables only go up to a certain combined monthly net income threshold, which is currently around $30,000 and is updated for inflation annually. But what happens when parents collectively earn well beyond that cap—$50,000, $100,000, or more per month?
In these high-net-worth cases, the calculator stops, but the financial obligation does not. High-income payers typically argue that applying a guideline amount is unfair at their income level. Conversely, the recipient parent wants to ensure the child continues to benefit from the standard of living they would have enjoyed if the family remained intact, including things like private school, international travel, or specialized coaching.
Here, the court has significant discretion. While the minimum support will be based on the highest amount on the schedule (for one child, this is approximately $2,241), a judge may order a higher amount. They will analyze the standard of living the child would have enjoyed and determine a figure that is reasonable and not excessive.
This is precisely where skilled legal counsel is necessary to present a clear argument for what is appropriate for the child’s needs versus what is a windfall.
FAQ for Income Disparity and Child Support
Generally, no. A new spouse’s income is not directly included in the child support calculation. However, it might become relevant in arguments about a parent’s overall household expenses or their ability to contribute to costs when a court is considering a deviation from the guidelines.
Yes. For calculation purposes, maintenance (alimony) paid is deducted from the payer’s gross income and added to the recipient’s gross income. This is done before child support is determined, which narrows the income disparity gap for the formula.
For business owners, courts look beyond the final number on a tax return. A judge may add back certain business expenses, such as depreciation, personal perks run through the company, or other discretionary spending to determine the true cash flow available for support.
Yes, parents can agree to deviate from the guidelines. However, a judge must review and approve any such agreement, and they will only do so if they find it is in the best interests of the child.
Protect Your Financial Future and Your Child’s Well-Being
You should not let a rigid formula produce an unfair result.
Whether you are working to protect your earnings or to ensure your child receives the financial support they are entitled to, the nuances of the Income Shares Model may be leveraged to achieve a just outcome. It is common to worry that the law inherently favors the other side, but courts always prioritize the best interests of the child above all else.
Call Manassa Law to schedule a consultation. We will analyze your financials and build a support strategy that reflects the true reality of your family’s life.
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